The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

[F1 2008 Section Optants who are in receipt of a tier 1 ill-health pension under Regulation 13A of the 1995 Regulations N.I.

(1) This regulation applies to a 2008 Section Optant who—

(a) is entitled to a tier 1 ill-health pension under regulation 13A of the 1995 Regulations (ill health pension on early retirement) in respect of service in the 1995 Section (“the earlier 1995 Section service”); and

(b) becomes entitled to a tier 1 ill-health pension or, as the case may be, a tier 2 ill-health pension under regulation 52 in respect of service in this Section of the Scheme (“the later 2008 Section service”).

(2) For the purposes of determining whether an Optant can count 45 years of pensionable service for any purpose, the earlier 1995 Section service and the later 2008 Section service are aggregated.

(3) If, on the termination of the later 2008 Section service the Optant becomes entitled, under regulation 52, to—

(a) a tier 1 ill-health pension; or

(b) a tier 2 ill-health pension,

in respect of the later 2008 Section service, the Optant is entitled to the benefits set out in paragraph (4).

(4) The benefits mentioned in paragraph (3) are—

(a) the member’s tier 1 ill-health pension under regulation 13A of the 1995 Regulations in respect of the member’s earlier 1995 Section service; and

(b) a tier 1 or, as the case may be, tier 2 ill-health pension in respect of the member’s later 2008 Section service.

• This is subject to paragraph (5) and regulations 136N to 136R.

(5) If the Optant—

(a) ceases to be entitled to a tier 1 ill-health pension in respect of the earlier 1995 Section service;

(b) becomes entitled to a tier 2 ill-health pension in respect of that earlier 1995 Section service in accordance with regulation 13B of the 1995 Regulations (Re-assessment of ill-health condition determined under regulation 13A); and

(c) becomes entitled to a tier 1 or, as the case may be, tier 2 ill-health pension in respect of later 2008 Section service on the termination of that later service,

the Optant is entitled to the benefits set out in paragraph (6).

(6) Those benefits are—

(a) a tier 2 ill-health pension paid in accordance with regulation 13B of the 1995 Regulations in respect of the earlier 1995 Section service; and

(b) a tier 1 ill-health pension in respect of the later 2008 Section service.]

Textual Amendments

F1 Pt. 2 c. 10 added (with effect in accordance with reg. 1(2) of the amending Rule) by The Health and Personal Social Services (Superannuation Scheme, Compensation for Premature Retirement and Additional Voluntary Contributions), and Health and Social Care (Pension Scheme) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/22), regs. 1(2), 55